Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 ? 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 ? 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
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whoever
07-20 01:59 PM
hey, so you got h4 by just producing marriage affidavit and not marriage certificate?
bin673
07-10 01:18 PM
did you guys see this ?
http://lashawnbarber.com/archives/2006/09/15/my-kingdom-for-a-movie-ticket/
http://lashawnbarber.com/archives/2006/09/15/my-kingdom-for-a-movie-ticket/
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andhrawala
09-22 10:01 AM
I applied my EAD in Nebraska as OH falls under it's jurisdiction and got my approval in 2 weeks. Thought of sharing so that some one may find this information useful.
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
more...
GCAmigo
12-21 12:36 PM
>>>How about setting up your own consulting company?
Nothing prevents you from doing it while on H1!
Nothing prevents you from doing it while on H1!
texanguy
01-20 02:44 PM
"recent forum posts" block truncates the subject matter. old site had all of them on one side, they were complete and it really looked good.
otherwise, the site looks good.
it is going to be a little hard to get used to this new look. afterall, the old site had a background color which was very unique. That stood it apart from other sites.
oh well, the CHANGE has finally come to IV's site as well...I for one, am planning to embrace it :cool:
otherwise, the site looks good.
it is going to be a little hard to get used to this new look. afterall, the old site had a background color which was very unique. That stood it apart from other sites.
oh well, the CHANGE has finally come to IV's site as well...I for one, am planning to embrace it :cool:
more...
gcnotfiledyet
02-24 11:27 AM
1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?
As far as I understood cap-exempt visa are not for all non profits. It is for non profit research organizations only. That is the reason most universities/charity research organizations qualify for it.
3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.
Try not to going through any consulting stuff just to file in April. Consulting companies are going through rough phase and USCIS is getting very strict with them (this is just my preception from what I am hearing around).
I am little into CRA position right now working for university. send me pm if you need info.
As far as I understood cap-exempt visa are not for all non profits. It is for non profit research organizations only. That is the reason most universities/charity research organizations qualify for it.
3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.
Try not to going through any consulting stuff just to file in April. Consulting companies are going through rough phase and USCIS is getting very strict with them (this is just my preception from what I am hearing around).
I am little into CRA position right now working for university. send me pm if you need info.
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yabadaba
07-24 08:07 AM
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ThinkTwice
11-29 06:37 PM
My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
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realizeit
08-01 04:01 PM
This movement by Menendez definitely will increse the likelihood of the passage of our bill.
IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.
IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.
more...
pmb76
07-17 07:43 PM
After receiving the flowers on July 10, Emilio Gonzales went to the library to study about Gandhi. He spent 2 whole nights reading the life history of the Mahatma. Finally the Mahatma appeared right before his eyes and made him realize the injustice inflicted by the July VB revision. The rest is history :D
Thanks to IV core and members for rekindling the spirit of the Mahatma in the land of opportunity.
Thanks to IV core and members for rekindling the spirit of the Mahatma in the land of opportunity.
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kanshul
02-01 10:42 AM
Your EB3 date (dec 2004) will not be current for the next 12 years, check the link - when will I get my GC on the front page for this site.
more...
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jonty_11
02-05 02:43 PM
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
OK thx for the info.
OK thx for the info.
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WithoutGCAmigo
06-07 05:37 PM
sorry my friends; 'm not understanding;when i viewed immigration voice last time you were all supporting it now you are against it. i'm quite confused:confused: :confused: :confused:
more...
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TomTancredo
11-27 01:10 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
It could be possible to get more money on EAD because you have more choice. I cant expect more salary just because I have an EAD. There are so many people with EADS in USA ... What counts is your experience. If you are already gettting paid according to the market conditions you may expect a boost in salary just because you have an EAD.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
It could be possible to get more money on EAD because you have more choice. I cant expect more salary just because I have an EAD. There are so many people with EADS in USA ... What counts is your experience. If you are already gettting paid according to the market conditions you may expect a boost in salary just because you have an EAD.
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joydiptac
12-08 05:21 PM
I agree ...now take a vaccation for the 4 months since anyways you are not getting paid. BTW, nothing stops u from taking up a part time job ;-)
Hi Raj
You waited this long and is really required to wait for another 4 + months. It is upto your best judgement but if i were you I will pass on these 4 months....
Thanks
Hi Raj
You waited this long and is really required to wait for another 4 + months. It is upto your best judgement but if i were you I will pass on these 4 months....
Thanks
more...
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knnmbd
04-28 02:45 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (?DOL?) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could ?substitute? a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (?DOL?) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could ?substitute? a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
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muthukmk
08-03 04:14 PM
Hi All,
I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.
Just for information, my I140 was approved after I had applied for 485
Regards,
I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.
Just for information, my I140 was approved after I had applied for 485
Regards,
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thakkarbhav
09-03 12:49 PM
I did not receive my EAD card - It was approved on Aug 21st...Not sure what went wrong with USPS.
aksaharan
09-08 07:30 PM
Welcome aboard.. and please vote poll @ http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-gather-here-14.html
jcrajput
12-31 10:28 AM
Thank you.
